Archive for the ‘Austin’ Category

As the flaming hyena turns.

Thursday, October 25th, 2018

Remember Dawnna Dukes? Remember what an enormous nothing-burger that whole thing turned out to be?

She’s suing the Statesman, Margaret Moore (the current Travis County DA) and Rosemary Lehmberg (the previous DA), “an investigator with the state auditor’s office”, and three former aides.

The lawsuit, filed late Wednesday by Dukes on her own behalf and without a lawyer, seeks $7.8 million for malicious prosecution and defamation.

The fact that she’s proceeding pro se with a defamation suit is not a good sign. But I Am Not A Lawyer: I’d ask Ken White for his take, but he’s pretty busy these days.

On the other hand, she’s probably proceeding without a lawyer because she’s broke:

The 12-term Austin Democrat said investigative stories by the Statesman, followed by corruption charges that were eventually dismissed, left her financially ruined — saddled with a $187,000 legal bill, deprived of consulting contracts and unable to find additional work.
As a result, her lawsuit said, Dukes’ credit cards were canceled, her car was repossessed and her home and East Austin commercial properties were foreclosed upon.
“The trauma due to financial hardships and loss of reputation aggravated (Dukes’) health issues and, to this day, there is still a lingering inconsolable grief caused by her substantial loss,” the lawsuit said.
Dukes also blamed her legal trouble for her defeat in the Democratic primary in March.

I’ll try to keep an eye on this one. Especially the discovery portion of it: that should be a lot of fun.

No stars, no bucks.

Wednesday, October 24th, 2018

In case you haven’t heard, customers who get water from the City of Austin are under a boil water notice. The water treatment plants are overwhelmed by the volume of silt and organic matter that’s being stirred up by the release of water from the dams, as a result of the continuing rain in the area.

At my office, the water fountains, water dispensers, and coffee makers are completely shut down. (Even though the fountains and dispensers have their own filtering systems.) I’m lucky: the MUD that services our house in Lakeway is not impacted by this, we don’t have to boil our water, and I can put coffee in my Yeti cup (thanks to my beloved and indulgent sister) before I leave in the morning and keep it hot until I finish it off.

But I digress. I tried going over to the Dunkin’ Doughnuts near my office yesterday to see if they could do one of those big coffee boxes for the office. They just laughed at me. (Hey, I figured these places had their own water filtration systems.)

I just called over to the Starbucks nearest our office to see what their status was. (Again: Starbucks brags about their water filtration system.)

Not only was that Starbucks not doing the big coffee boxes, they were not brewing coffee at all. The guy who answered the phone told me none of the Austin Starbucks (79 of them, I think he said) were brewing coffee: if I wanted coffee, I’d have to go to Cedar Park, Georgetown, or Round Rock.

What does a Starbucks do if they can’t make coffee? I guess you could boil water (or heat bottled water) and do tea from teabags. Maybe serve pastries?

One of my cow-orkers said earlier that they expect this to go on for another twelve days. I can’t find any news or official government source that’s reporting an expected duration for this boil water notice, though, so I’m taking that with a grain of salt.

I swear, you people are going to make a prepper out of me yet.

Short memo from the police beat.

Thursday, June 14th, 2018

After 18 months, countless hours of debate, and several public meetings (one of which interfered with the Austin Citizen’s Police Academy graduation, not that I’m BITTER or anything), the Austin Police Department finally has a non-interim chief…

Punch Rockgroin! Brian Manley.

As I’ve said before, he seems to me to be a good guy with a truly macho name and a good leader with local ties. We’ll have to see how his tenure plays out, but I am cautiously optimistic.

In other news, the felony perjury and misdemeanor official misconduct charges against Joel Abelove, the district attorney of Rensselaer County (in upstate New York) have been dropped.

I would have sworn I wrote about this at the time, but apparently I didn’t. It’s rare to see a sitting DA charged with a crime, and the backstory is interesting.

In April of 2016, a man named Edson Thevenin was stopped by police in Troy on “suspicion of drunk driving”. The stop escalated, there was a “brief chase”, and somewhere in there a police officer became pinned between his cruiser and Mr. Thevenin’s car: Mr. Thevenin was shot eight times and killed.

After the shooting, Mr. Abelove, a Republican, quickly convened a grand jury, something that the attorney general’s office believed was intentionally meant to ensure that the officer, Sgt. Randall French, did not get charged in the killing. Mr. Abelove had also conferred immunity on Sergeant French before the grand jury voted, Mr. Schneiderman’s office said, and was alleged to have lied to a separate grand jury about another immunity case.

I can see two ways of spinning this: former AG and known abuser Schneiderman was peeved that the state couldn’t go after a cop who was involved in a shooting, and tried to take it out on the DA instead. Or: Abelove was trying to manipulate the grand jury system and cover for a cop in a bad shooting.

Mr. Schneiderman, a Democrat who resigned in disgrace last month after allegations that he had physically abused romantic partners, was empowered to investigate Mr. Abelove under a 2015 executive order from Gov. Andrew M. Cuomo. The order allowed the state attorney general to serve as a special prosecutor for investigations into the deaths of “unarmed civilians caused by law enforcement officers.”
In the case of Mr. Thevenin, Mr. Cuomo issued a second executive order that allowed Mr. Schneiderman to specifically examine Mr. Abelove’s handling of the investigation, including “its grand jury presentation.”

What led to the decision to drop the charges?

Justice Jonathan D. Nichols questioned the scope of the authority included in the Thevenin executive order and ruled that the attorney general’s office “was without jurisdiction and hence unauthorized to appear in front of the grand jury,” in relation to the perjury charge.
“The court finds the integrity of the grand jury was impaired in this case,” Justice Nichols wrote. “And impaired to the extent that prejudice to the defendant is clearly possible.”

Smart people writing smart stuff.

Thursday, May 17th, 2018

This isn’t me being lazy, hand to God: this is me pointing out some things other people wrote that deserve wider attention.

1. There’s a good (and by “good”, I mean “reflects my biases”) op-end in the Statesman that’s a response to the complaints about the academy (previously discussed here):

While our police should be both guardians and warriors, they should eschew militarization, in which a preference for use of force is the answer to all problems. As guardians, our officers must be willing and able to use appropriate force as a warrior but understand it is not the preferred course of action.

Skill level is part of what determines the justification for force; therefore, highly skilled officers are desired. Officers should prefer de-escalation — an important part of their training — but also be capable of escalation, and not just to the final option of a firearm that less capable officers are limited to. Unfit or less capable officers are a liability to themselves and to the public. Weeding them out is properly done in the academy.

2. Pat Cadigan (who, as we all know, is two orders of magnitude smarter than I am) takes apart a misguided recommendation from the Macmillan Cancer Support folks: avoid using the “fighting” metaphor.

Macmillan, honey, it’s not the fighting metaphor that makes patients feel guilty about admitting fear and preventing them from planning properly for their death––it’s the fact that they have frickin’ terminal cancer––literally, not metaphorically!

3. South Texas Pistolero on two recent books about Pearl Harbor and Curtis LeMay.

Also, both Kimmel and Short knew they were woefully undergunned; they repeatedly begged for more weapons from Washington and were refused every time. And we haven’t even gotten into the monumental amount of intercepted communications between Japanese forces in the months leading up to the attack that were kept from them.

The Summers and Swan book looks interesting: I plan to keep an eye out for it. I have heard the Kimmel and Short theory before, though: when we rewatched “Tora! Tora! Tora!” recently, one of the themes that stood out for me was that Kimmel and Short got the shaft because of stupid decisions above them.

You know that an invasion of Japan would have brought about more of that if they had managed to somehow gain the upper hand. And even if they had not, they were all still going to fight to the death. It was going to be brutal either way. The bombings sucked, but in the end, I think it’s safe to say they saved lives on both sides.

See also: “Thank God For the Atom Bomb” by Paul Fussel.

Memo from the police beat.

Tuesday, May 1st, 2018

The long slog towards hiring a new police chief in Austin appears to be coming to an end.

First we had to wait for a new city manager. Then, once we got a new city manager, he (Spencer Cronk) had to figure out what he wanted to do about filling the job.

Now he’s got finalists.

Oh, did I say “finalists”? I meant “finalist”: interim chief Flint Ironstag Brian Manley.

Chief Manley has a lot of community support, especially after the Mad Midnight Bomber What Bombs at Midnight incident. However, his selection isn’t final:

…sources say he will make clear he plans to seek input from citizens and civic groups through a series of meetings and other events before making a final decision on whether to appoint Manley or open the job nationally.

Personal opinion: I like Fist Rockbone. He hasn’t said anything yet that really annoyed me, he’s a St. Ed’s grad, and he’s a local guy who knows the city. I think it’s about time for the department to be led by someone like this.

In other news, the Statesman ran a big investigative story over the weekend:

Spisak, Gibbons and Murray are among 10 former cadets with a broad range of life and professional experiences who did not complete the academy training course — two were kicked out — and spoke in recent months to the American-Statesman.
They say what they were being taught at the academy is out of step with reforms being promoted by the Austin Police Department publicly and in law enforcement agencies across the country. To them, the training course for rookie Austin officers is unnecessarily aggressive — a climate they fear pervades the force of 1,800 officers and spills onto the street.

I haven’t sorted out how I feel about this yet. On the one hand, these are people who didn’t make it through the academy complaining about the training.

On the other hand, despite my hanging out with the cops, I’m still somewhat on the side of Radley Balko and others: policing has become increasingly militarized and aggressive, and needs to get back to fundamentals.

On the gripping hand, I think there’s a lot of truth in what the training officers say, and what I’ve heard in my interactions with them. Policing is, by nature, an agressive act: you’re dealing with people who don’t want to go to jail. Of course they’re going to fight you, and you need to be prepared for that. You need to be prepared to fire a shotgun, hit the target, and deal with the recoil, even if you are a small-framed woman. (The woman who runs Austin’s CPA program probably weighs 120 pounds, soaking wet and with full duty gear. She’s been a police officer for 20+ years, doing some of the toughest stuff imaginable, and can kick your butt eight ways from Sunday.)

“We are sorely disappointed in you as a group,” he yelled. “We’ve got people showing up who have lived in Austin, Texas, for a (expletive) year and still don’t have the right address on their driver’s license. Guess what? You’re showing up at the Police Department and you’re violating the (expletive) law. Grab your water bottles and get the (expletive) outside.”

He’s absolutely right. Cadets have plenty of advance warning before they show up to the academy, and they know what they’re getting into. There’s no reason for them to show up not squared away.

The other thing I hear training officers say: they’re dealing with entire generations of people who have never been in a fistfight. They have no idea what it’s like to take a punch, or get into a physical confrontation. Not only have they never done it, they’ve been actively discouraged from doing it all of their life. And the academy has to teach them to get past and through that. You can’t quit if you hurt a rib or got punched in the face. You have to keep going, or else you will die. Or your partner will die. Or both of you will die.

I’m not one of those people who blindly says “Oh, the cops have a dangerous job” as an excuse for bad behavior. Yes, it is dangerous (not so much so as commercial fishing, for example) but I still want my police to behave properly, and treat everyone with dignity and respect up until the point they forfeit that right. Then I want them to end the threat as efficiently and humanely as they possibly can. To steal an old CHL saying, “Be polite, be professional, and have a plan to kill everyone you meet.”

And frankly, I’d be a lot more sympathetic to some of these complaints if the other side didn’t pick some of the worst possible examples to promote.

This is one of my recent favorites:

By most indications, he was exceedingly straitlaced. He dressed well, usually wearing pullover polo shirts and tightly belted cargo pants. Once a week, he went to a barbershop to get a haircut and a manicure. He was so meticulous about keeping his house clean that he asked visitors to take off their shoes before coming inside so they wouldn’t track dirt across the carpet. “Red even had the toilet paper coming out over the top of the roll,” said Tommie Albert, an older man in the neighborhood who’d known Batiste since he was a boy. “He said it looked better than toilet paper coming out from behind the roll.”
Batiste regularly visited his aging parents to check on them. A few times a week, he went to see his girlfriend, Buchi Okoh, their eighteen-month-old daughter, and Okoh’s five-year-old son from a previous relationship. Okoh, a striking, gregarious woman in her early thirties, worked in sales at a Cadillac dealership. On occasion, Batiste would take her to a nice restaurant, but most of the time they stayed home and played with the children. Okoh told friends that her boyfriend was a budding real estate developer, buying and renovating small homes. He was a good man, she said, intelligent and ambitious. He read self-improvement books like Do You!: 12 Laws to Access the Power in You to Achieve Happiness and Success, by the hip-hop mogul Russell Simmons. He was determined to make something of himself, “to be the best person he could possibly be,” Okoh said, “building his life the right way.”

And the profile goes on. Why is Batiste being profiled in Texas Monthly?

He and his criminal gang executed multiple armored car guards to steal cash they were using to refill ATMs. Batiste allegedly stood off at some distance with a rifle and shot the drivers guards, then his partners drove up, grabbed the cash, and drove off.

I swear I wrote about the end of this story, but I can’t find it now. Briefly: HPD got a tip and ambushed Batiste and his gang. Batiste got out of his car with a rifle and shot at the HPD officers: HPD returned fire and killed him.

At a detention hearing, when asked about other robberies Batiste had carried out, Jeffrey Coughlin, a young FBI agent who had helped lead the investigation, remained cagey, declaring that the FBI “at this time” was only connecting Batiste to the two armored car robberies in March and August of 2016. However, shortly after the December shoot-out, Houston police chief Art Acevedo, who had been briefed on the FBI’s investigation, announced at a press conference that there was a “high probability” that Batiste was involved in all of the murders of Houston’s armored car messengers over the previous two years, including the shooting of Alvin Kinney, in February 2015.

TM wants you to feel sorry for this man, and his woman and children. TM apparently doesn’t want you to feel sorry for Alvin Kinney, Melvin Moore, David Guzman, or the unnamed messenger who was wounded but not killed.

Obit watch: March 21, 2018.

Wednesday, March 21st, 2018

Nelda Wells Spears, former Travis County tax assessor-collector. I remember having to write checks to her, back in the pre-Internet days…

Earl Cooley, prominent Austin SF fan, influential early BBS guy, and a personal friend.

The Mad Midnight Bomber What Bombs At Midnight. They haven’t released a name yet, but even if they did, I wouldn’t give him the publicity.

Memo from the police beat.

Saturday, March 17th, 2018

I’m a couple of days behind on these: I plead just sheer being busy.

Three APD officers have been indicted by a grand jury. Two of the officers were involved in a single indicident, and the third in a seperate one.

In the first incident, the two officers responded to a shooting downtown. A group of people were around a guy who’d been shot. Officers ordered everybody onto the ground. One guy walked away and ended up getting Tasered.

Manley said the officers were indicted because their written reports of the incident did not match up with what was captured on the officers’ body-worn cameras.“Specifically, the individual was described in the report as on his feet and walking away from the officers, and it is clear on the video that that is not what happened in this instant,” he said.

The third case involves a prostitution arrest: details on both of these cases are kind of vague. But:

“We have policies that allow our officers to use force when necessary to effect an arrest or to protect themselves or others,” Manley said, but in the cases revealed Thursday, “the supervisors who reviewed them had concerns and forwarded them up the chain, and they resulted in these investigations and ultimately with these indictments.”

Unrelated, because this took place in Williamson County: a former deputy with the WillCo sheriff’s department has been charged with punching a 12-year-old girl in the face.

A witness told police [Jack] Danford came to the restaurant and had a few beers on the patio after “drinking all day” and started playing with a dog, the affidavit says. A 12-year-old girl came up and started playing with it, too, and Danford “quickly jumped up from his seat and tackled” her, the document says.

Another witness said he heard the girl scream and ran up to see Danford punching her in the face and that he and others started punching and kicking Danford to get him off her, the affidavit says.

According to court documents, he told police as he was being arrested that he was drugged. Danford would not loosen his grip on an officer’s wrist until getting hit several times with a police baton and taken into custody, the documents say.

He’d previously been charged with resisting arrest and public intoxication. Now he gets to add “injury to a child” to his collection.

Williamson County Sheriff Robert Chody said the unusual nature of the arrest led him to fire Danford last week.
“When you reflect negatively on our department, there’s a price to pay,” he said.

Random notes, mostly legal, March 15, 2018.

Thursday, March 15th, 2018

When guns are outlawed, only outlaws will have samurai swords.

In the immortal words of Hank Williams, Jr., it’s just a family tradition.

Interesting #1:

Exonerations caused by official misconduct: 84
Well over half of the people exonerated last year were initially convicted because of official misconduct, such as officers threatening witnesses, analysts falsifying tests or officials withholding evidence that would have cleared the defendant.

No-crime exonerations: 66
In just under half of the exonerations last year, defendants were wrongfully convicted in cases in which no crime was committed. This included more than a dozen drug possession cases, 11 child sex abuse cases and nine murder cases.

On a totally unrelated note, the state of Oklahoma, where the wind comes sweeping down the plains and it’s hard to get drugs for lethal injections, has decided to start using nitrogen gas instead. (Subject to judicial approval.) I’ve seen other folks call for this as being a much more painless and humane alternative to lethal injection, but OK seems to be the closest to actually doing this.

(Yes, I know: “You know what else is a painless and humane alternative to lethal injection? Not executing people.” And yes, that seems especially relevant in light of the previous item. One of these days, I will write that essay for you guys on the death penalty and my complicated feelings about it.)

Herman Bell has been granted parole. Mr. Bell, along with Anthony Bottom and Albert Washington (members of the Black Liberation Army), executed NYPD officers Joseph A. Piagentini and Waverly M. Jones on May 21, 1971.

In a statement condemning the decision, Commissioner James P. O’Neill recalled how Mr. Bell and his co-conspirators “shot Officer Piagentini 22 times, including with his own service revolver — as the dying officer pleaded for his own life.”

Mr. Bell has been in prison for 47 years. Mr. Washington is still in prison. Mr. Bottom died in 2000.

Toys ‘R’ no longer us.

Headline:

Claire Foy, Queen on ‘The Crown,’ Was Paid Less Than Her Onscreen Husband

Body:

Mr. [Matt] Smith came to Netflix as an established actor in Britain, most notably as the titular character on the BBC staple “Doctor Who” from 2010 to 2013 — a fact that informed the producers’ decision around salary, they said at the conference.

Aside from a role in 2015 in the Golden Globe-winning BBC mini-series “Wolf Hall,” Ms. Foy, 33, was a relative unknown when she was cast in “The Crown.”

The show’s producers have promised that, from now on, “Nobody gets paid more than the queen.” Oh, by the way: they’re also recasting the show: the queen will now be played by Olivia Colman.

You know, you would think that Sorkin and company would have worked out all the permissions issues before actually trying to stage the play

Have I really been blogging this long?

Thursday, March 15th, 2018

Folks who have been reading this blog for a long time may remember Laura Hall, or, as I like to call her, “The Happy Hacker”.

For those with poor memories or who haven’t been following along, Ms. Hall is famous for such hits as “help this guy I know cut up and dispose of his girlfriend’s body” and “turn my five year sentence into ten years because I’m such a witch“.

Ms. Hall will be released from prison today.

Even though Hall was convicted in 2007, it took five years of emotional legal wrangling for a Travis County jury to sentence her to 11 years in prison. Her sentence included 10 years for the tampering with evidence conviction and one year for a charge of hindering apprehension — both were served concurrently.
She was also allowed time served, which is why she’s being released Thursday.

She’s served “almost” eight years out of her ten year sentence.

Because he got high.

Monday, December 18th, 2017

Because he got high, Ryan Boehle threatened to shoot cops.

Okay, that may be a slight exaggeration: “he planned to celebrate his 50th birthday by shooting police because he was upset about a drunken driving arrest in which his blood test came back negative for alcohol”.

Mr. Boehle was arrested. The police seized a total of 13 guns, “1,110 bullets” (sorry, I’m quoting the Statesman here) and 6.3 grams of marijuana.

Mr. Boehle was never actually charged for the threats. The judge in the case is quoted as calling his writings “marijuana-induced gibberish.” It sounds like this is one of those true threat/not a true threat sort of legal distinctions that Ken White keeps trying to explain to myself and other people, and I keep not understanding, but that’s getting off topic.

(Also, “Marijuana-Induced Gibberish” would be a great name for a band.)

But we have to throw him in jail for something, right?

(“Why?” Hey, that’s not the kind of question you should be asking.)

I know! We’ll get him for “making a false statement in connection with the attempted acquisition of a firearm”! Mr. Boehle has a misdemeanor domestic violence conviction from 1993 in Connecticut: he allegedly “slapped, choked and bit his girlfriend”. As a result of this, he apparently failed the background check at three Austin area gun shops (again, per the Statesman).

However, during pretrial litigation the charge was determined to be insufficient to prohibit gun possession.

Oh, dear. Now what is the state going to do?

Wait: there’s that devil’s lettuce they found!

With their case weakening, prosecutors held tight to the gun-and-weed charge, using it to successfully to argue that Boehle should be denied bond and kept in jail pending the resolution of the case. Characterizing Boehle as a habitual marijuana user took little effort from the government, which not only had the pot found in his home but also test results from the DWI arrest that showed the presence of the drug.

Cutting closer to the end of the story, Mr. Boehle pled out to a charge of “owning a gun as a prohibited person”. You see, pot is still federally illegal, and the law says it is illegal for a pot smoker to own guns.

The 5th U.S. Circuit Court of Appeals established the definition of an unlawful drug user who is unable to own guns in 1999, when it affirmed the conviction of a Midland man who had been arrested several times with marijuana. He argued on appeal that the law fails to establish a time frame for when a person must use a controlled substance in connection with the possession of a firearm. The court ruled that an ordinary person could determine the man was a drug user. He was sentenced to two years in prison.

This doesn’t happen a lot. The Statesman quotes one California attorney who specializes in pot law as saying he’s never seen this in 50 years of practice. On the other hand, though, the Honolulu PD famously recently sent out letters to people with medical marijuana cards: “Give up your guns, or else.” (They apparently haven’t followed through on the “or else” part yet.)

Mr. Boehle was sentenced to five years of probation, and will be drug tested as part of that. The twist at the end is: he has a form of epilepsy, and wants to use a low THC marijuana extract to treat it. But he’s going to have to get his probation terms modified to allow this treatment. Texas has only recently legalized the use of the extract to treat epilepsy (“…only after a patient has tried at least two other treatments”) so Mr. Boehle will be venturing into uncharted territory.

Fizzle.

Monday, October 23rd, 2017

Travis County prosecutors dropped all of the remaining charges against longtime state Rep. Dawnna Dukes on Monday, court filings show.

I expect longer, more detailed stories tomorrow morning. In the meantime, quoted without comment:

Travis County District Attorney Margaret Moore pinned the prosecution’s collapse on conflicting statements given by a top official in the Texas House, who told prosecutors that travel to the Capitol was required to earn the per-diem payments but recanted that position in a statement to Dukes’s lawyers.

Firings watch.

Thursday, October 19th, 2017

Tom Jurich, athletic director at Louisville, was officially fired yesterday.

He joins Rick Pitino, who was officially fired “for cause” on Monday.

Mr. Pitino, of course, denies that he knew anything about payments to athletes. Even better: he’s suing Adidas. The discovery process in that lawsuit should be interesting.

In other news, another APD officer has been fired. Interestingly, his firing was for “insubordination”: specifically, he didn’t show up for interviews with Internal Affairs.

And why was he being interviewed by IA? He’s been charged with making false statements about his wife and her eligibility to receive SSI. (Previouly.)

According to the Statesman, he and his lawyer said they wouldn’t do interviews with IA until the criminal case was resolved. The rules say: you can’t do that. You have to come in and answer IA questions, or you get canned. Whatever information IA gets can’t be used against you in a criminal case; it can only be used for internal discipline. (This is why officers are required to submit to IA questioning. This is also why some things, like officer-involved shootings, are investigated both by IA and the Special Investigations Unit: SIU handles any possible criminal aspect of the case, can seek charges if warranted, and the subject has the standard legal protections. IA investigates internally: the union contract says officers have to answer IA questions, but any information gathered can’t be used to build a criminal case.)

Anyway, IA said “this won’t be used in the criminal case”, the lawyer apparently said, “okay”, and they still didn’t show up. Twice. Which makes it “you’re fired, do not pass ‘Go’, do not collect $200” territory.